The State of Karnataka Vs Mr Abdul Basheer… — Mining and Natural Resources | Karnataka HC (2026)

The State of Karnataka Vs Mr Abdul Basheer… — Mining and Natural Resources | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petitions allowed in part; conditions imposed in the impugned release orders modified in terms of the order in Crl.P.no.3801/2019 [2026:KHC:31770]: respondents to furnish a renewable bank guarantee equal to double the value of the vehicle (as mentioned in the seizure panchanama or value assessed/mentioned in the surety bond, whichever is higher), in addition to the conditions already imposed, within two months or such extended period as the learned District Judge may allow.

Issue for consideration

Whether the conditions imposed by the trial Court while ordering release of vehicles seized under the Mines and Minerals (Development and Regulation) Act, 1957 and Karnataka Minor Mineral Concession Rules, 1994 meet the requirements of Rule 43(8) of the Rules. +1 more

Court's answer

The learned Magistrate erred in not imposing conditions as per Rule 43(8) of the Karnataka Minor Mineral Concession Rules, 1994 while passing the orders for release of seized vehicles.

Ratio / Principle

Petitions allowed in part: conditions imposed in the impugned release orders are modified in terms of the order in Crl.P.no.3801/2019 [2026:KHC:31770], i.e., respondents shall furnish a renewable bank guarantee equal to double the value of the vehicle (value in seizure panchanama or value assessed/mentioned in the surety bond, whichever is higher), in addition to the conditions already imposed, to be complied with within two months or such extended period as the learned District Judge allows.

Detailed headnote1 paragraphs

Criminal Petitions (S.482 Cr.P.C.) by the State of Karnataka (Deputy Director, Mines & Geology / SHO Kankanady Town P.S. / ASI Rowdy Squad / Geologist, Mines & Geology Department) against nine orders of the Principal District and Sessions Judge, D.K., Mangaluru in Crl.Misc. cases releasing vehicles seized for offences under the Mines and Minerals (Development and Regulation) Act, 1957 and the Karnataka Minor Mineral Concession Rules, 1994: HELD, the trial Court/Magistrate erred in not imposing conditions as per Rule 43(8) of the Rules; petitions ALLOWED IN PART and the release conditions modified in terms of the order in Crl.P.no.3801/2019 [2026:KHC:31770] — respondent-accused to furnish a renewable bank guarantee equal to double the value of the vehicle (seizure panchanama value or value assessed/mentioned in surety bond, whichever is higher), in addition to the conditions already imposed, within two months or such extended period as the learned District Judge allows. (Ravi V Hosmani, J.; 14.07.2026)

Procedural history

How this case reached the court

AI extract

Order under challenge
Nine orders dated between 08.01.2019 and 11.03.2019 passed by the Principal District and Sessions Judge, D.K., Mangaluru in Crl.Misc.Nos.1365/2018, 49/2019, 70/2019, 73/2019, 138/2019, 284/2019, 299/2019, 330/2019 and 356/2019, granting release of vehicles seized for offences under the Mines and Minerals (Development and Regulation) Act, 1957 and Karnataka Minor Mineral Concession Rules, 1994 subject to conditions; sought to be set aside by the State under Section 482 Cr.P.C.¶¶25
Principal District and Sessions Judge, D.K., Mangaluru
Prior proceeding
Context: State challenged orders on applications for release of vehicles seized for offences under the MMDR Act, 1957 and KMMC Rules, 1994.¶¶148
Prior proceeding
Crl.P.No.3865/2019: impugned order dated 27.02.2019 in Crl.Misc.No.284/2019 (Principal District and Sessions Judge, D.K., Mangalore).¶¶25
Prior proceeding
Crl.P.No.3870/2019: impugned order dated 25.01.2019 in Crl.Misc.No.73/2019 (Principal District and Sessions Judge, Dakshina Kannada, Mangaluru).¶¶41
Prior proceeding
Crl.P.No.3873/2019: impugned order dated 08.03.2019 in Crl.Misc.No.330/2019 (Principal District and Session Judge, D.K., Mangaluru).¶¶56
Prior proceeding
Crl.P.No.4154/2019: impugned order dated 21.01.2019 in Crl.Misc.No.70/2019 (Prl. District and Session Judge, D.K. Mangaluru).¶¶72
Prior proceeding
Crl.P.No.4160/2019: impugned order dated 06.03.2019 in Crl.Misc.No.299/2019 (Principal District and Sessions Judge, D.K., Mangaluru).¶¶86
Prior proceeding
Crl.P.No.4162/2019: impugned order dated 11.03.2019 in Crl.Misc.No.356/2019 (Prl. District and Session Judge, D.K. Mangaluru).¶¶96
Prior proceeding
Crl.P.No.4163/2019: impugned order dated 04.02.2019 in Crl.Misc.No.138/2019 (Principal District and Sessions Judge, Dakshina Kannada, Mangaluru).¶¶110
Prior proceeding
Crl.P.No.4172/2019: impugned order dated 08.01.2019 in Crl.Misc.No.1365/2018 (Principal District and Sessions Judge, D.K., Mangaluru).¶¶125
Prior proceeding
Crl.P.No.4173/2019: impugned order dated 23.01.2019 in Crl.Misc.No.49/2019 (Prl. District and Session Judge, D.K., Mangaluru).¶¶140
Prior proceeding
Learned HCGP sought disposal of these petitions on like terms with Crl.P.no.3801/2019; respondents served and unrepresented, submission uncontradicted.¶¶160-162

Parties & counsel

AI extract

petitioner
THE STATE OF KARNATAKA, REPRESENTED BY THE DEPUTY DIRECTOR OF MINES & GEOLOGY, MANGALURU, D.K., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU.¶¶14
Smt. Sowmya R.
respondent
MOIDIN KUNHI, AGED ABOUT 50 YEARS, S/O HASAINAR, R/O #2-35, ASSAIGOLI POST, MANJANADY VILLAGE, MANGALURU-575 018.¶¶22
petitioner
THE STATE OF KARNATAKA, BY DEPUTY DIRECTOR, DEPARTMENT OF MINES GEOLOGY, MANGALORE. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.¶¶28
Smt. Sowmya R.
respondent
MRS. HEMALATHA SHETTY, AGED ABOUT 44 YEARS, W/O B. CHANDRASHEKHAR SHETTY, R/AT D No.4-184/A, CHAITHALI NIVASA, S.V.S. COLLEGE ROAD, B. MOODA POST AND VILLAGE, BANTWAL TALUK-574214 (represented by GPA holder Mr. B. Chandrashekhar Shetty)¶¶32
petitioner
THE ASI ROWDY SQUAD, MANGALURU SOUTH SUB DIVISION, MANGALURU.¶¶44
Smt. Sowmya R.
petitioner
GEOLOGIST, MINES & GEOLOGY DEPARTMENT MANGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-01.¶¶45
Smt. Sowmya R.
respondent
MR. M. SAYYED, S/O M. AHMED, AGED ABOUT 52 YEARS, R/A GULZAR MANZIL, SHUBHAS NAGAR, NEAR SRINIVAS COLLEGE, PANDESHWARAM, MAGALURU TALUK, DK.-575001.¶¶53
petitioner
THE STATE OF KARNATAKA REPRESENTED BY DEPUTY DIRECTOR OF MINES & GEOLOGY DEPARTMENT, MANGALORE, THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE-01.¶¶59
Smt. Sowmya R.
respondent
MR. ABDUL SHARIF, AGED ABOUT 45 YEARS, S/O HAJABBA, R/AT D.No. 1-204C, BOLARAJE HOUSE, VALPADY VILLAGE, MANGALURU TALUK, DAKSHINA KANNADA-575001.¶¶63
Sri Vijaya Kumar J. M.
petitioner
THE STATE OF KARNATAKA REPRESENTED BY DEPUTY DIRECTOR OF MINES & GEOLOGY, MANGALORE, THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-01.¶¶75
Smt. Sowmya R.
respondent
MR. ABDUL BASHEER MOIDEEN, AGED ABOUT 39 YEARS, S/O MOIDIN KUNHI P A R/AT No.3/28, NEAR MASJID ROAD, MANGALANTHI, MANJANADY VILLAGE AND POST, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT-574001.¶¶79
petitioner
THE STATE OF KARNATAKA, BY SHO, KANKANADY TOWN P.S., MANGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.¶¶89
Smt. Sowmya R.
respondent
SMT. POORNIMA, AGED ABOUT 35 YEARS, D/O. DEVAPPA RAI, R/AT D. No. 1-38, GURUMPINARU, PANDUR VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574201.¶¶93
petitioner
THE STATE OF KARNATAKA DEPUTY DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.¶¶103
Smt. Sowmya R.
respondent
MR. ABDUL RISVAN P. R., S/O. ABDUL RAZAK B. A., AGED ABOUT 30 YEARS, R/AT MUTHAK MANZIL, DELIKUNNAPURA, BARPE POST, KASARAGOD DISTRICT, KERALA STATE-671121.¶¶107
petitioner
THE STATE OF KARNATAKA BY DEPUTY DIRECTOR OF MINES & GEOLOGY DEPARTMENT, MANGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.¶¶113
Smt. Sowmya R.
respondent
MR. DHANANJAY, AGED ABOUT 33 YEARS, S/O UMANATHA SUVARNA, R/AT No.31/41, KELARAI KODI HOUSE, THIRUVAILU, VAMANJURU, MANGALURU TALUK, D.K.-575001.¶¶122
Smt. Vanshika Mathur, Sri. Suyog Herele E.
petitioner
THE STATE OF KARNATAKA BY DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, MANGALURU. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE.01¶¶128
Smt. Sowmya R.
respondent
MR GANDHARA P. S., AGED ABOUT 33 YEARS, S/O SHIVANNA, R/AT POOMAGAME DUDDA HOBALI, HASSAN TALUK, HASSAN DISTRICT,573 201 KARNATAKA (represented by GPA holder Mr. Mohammed Nazeem)¶¶136

Coram

AI extract

Ravi V Hosmaniauthor¶¶142